Los Angeles daily herald., 1887-01-05
statute Of limitations shall never run

statute OF l1mlv0tiOuB buaii Ao'S
against official delinquents.
"After this comes the case OIL u;
M. Burns, late Secretary OF state, ana
his deputy, Thomas d. Reynolds.
The amount of these defalcations, so
tar as could be discovered, was
All .739. 80. These parties, on trial
for their crimes, we're acquitted, not.
witbsta nding the fact that on the trial
of Burns. Burns charged Reynolds
with the crime, and on the trial OF
REYNOLDS he charged it upon Burns.
And the jury in each case seemed to
believe the defendant, by acquitting
both, although Burns admitted that
be embexzled the money, to shield
the deputy, and Reynolds admitted
that he falsified the records for the
pur pose OF shielding Burns in his EN-
bezzlements. Civil actions are pend
ing against Burns and his bondsmen
for the recovery of the money stolen.
"About two years since the State
Board of Examiners discovered that
the then Deputy State Treasurer, A.
d. January, had appropriated to his
own use $50, 800 out Of the sum OF
$53, 1927 left for safe keeping in the
Office of the State Treasurer by vari-
GUS County Treasurers. He was in
dicted for embezzlement, tried, con-
victed and sent to the penitentiary,
but, pending an appeal to the Su-
preme Court, is released on bail. Re-
ceipts had been given by the State
Treasurer to the several County
Tressurers for the various sums left
with him by them. Then the Legis-
lature passed an act requiring the
State Treasurer to receive these re-
ceipts as SO much cash from the
County Treasurers in making their
settlements with the State. Hence,
as these receipts have evers since been
counted as cash in the Treasury, thus
showing that much more money than
is actually there, l recommend that
an act be passed authorizing the Con-
trollsr to draw his warrant on the
General Fund in favor of the State
Treasurer for that amount t53, ,752.77),
and that the State Treasurer be di-
rected to burn these receipts in the
presence of the State Beard Of Exam.
iners.
"Finally comes the case of ex-Clerk
of the Supreme Court, John W. Nc
Carthy. After having been once
found short in his accounts to the ex.
tent of $21O4.5O, which he made good
upon demand, he afterwards drew
warrants for rent of the Supreme
Court buildings, salaries of employees
of the Court, and other expenses,
amounting to about $12,500. This
money was appropriated to meet the
expenses of the Supreme Court, un
der section AZ of the Code of Civil
Procedure, from which l quote as fol,
lows: The moneys SO appropriated
shall be subject to the order of the
Clerk OF the Supreme Court, and be
by him disbursed on proper vouch
ers.' Mr.. Mccarthy, instead OF ap
plying these warrants to the pay
ment of the debts due, hypoth
ecated them, pocketed tht
money and left the country
Subsequently he was indicted
brought back from Honolulu, and il
on bail pending trial. The parties
who purchased these warrants after
wards presented them for payment a
the State Treasury, but payment wa
refused because the Attorney-Genera
advised the Treasurer that the war
rants were not drawn in favor Of tn
proper parties, although they ha'
been approved by the Justices OF tn
Supreme Court. as required by law
, and although the Attorney-Genera
himself, as a member of the Stat
Board Of Examiners, had approve
) them in the form in which the
reached this Office.
"The expense Of theprOceedings un
der which Mr.. Mccarthy was brough
back under extradition is q proper on
, to be borne by the State, and had no
, the appropriation for such purpose
been exhausted, would have been al
ready paid. 1t is, in my judgment,
matter requiring appropriation at tn
hands of the Legislature.
"I also recommend that, as Mr.. Nc
Carthy. in his official capacity, wa
the agent of the State, and that a
such he defrauded the creditors of tn
State, appropriations be made to pa
. these just demands. An action ha
been brought against Mr.. NcCarth,
and bis bondsmen, to recover thu
money taken.
On unearthing these thefts, and il
his endeavors to have the culprit
brought to justice and their bonds
men to the scratch, Dunn has made
most excellent record as a faithful
official.
In the detailed statements, it ap
pears that while the poll-tax for Lo
Angeles County for 1885 was onl
" ,30O.65, for 1888 it was 81, ,770.55
In this respect ours is the secon'
county in the State. The previou
year It ranked fifth.